shirking their military duty to serve back where they came from. In Rivne, the city
council decided to no longer host IDP men of military conscription age. (Women make
up two-thirds of all adult IDPs). On the other hand, regional authorities, as for example in
Volyn, started checking male IDPs when they arrived in the west for fear that they might
be ‘separatists’ posing as IDPs, and the local population was encouraged to report any
suspicious person or object.
VI.
FREEDOMS OF EXPRESSION, ASSOCIATION, PEACEFUL ASSEMBLY,
MOVEMENT, RELIGION OR BELIEF
A.
Peaceful assembly
140.
Ukrainians with the exception of those living in the east were generally able to fully
exercise their freedom to peaceful assembly in a variety of ways: by gathering in ‘flash
mobs’, pickets, rallies, demonstrations and other groups to articulate publicly their
concerns. Peaceful demonstrations must be permitted, as a matter of international human
rights law, and also as a way for people to exercise their rights to the freedoms of
expression and peaceful assembly which are the foundation for a free and democratic
society. Mostly these gatherings were held without incident and without hindrance,
although almost always with a large police presence.
141.
In Odesa, the HRMMU noticed that since June, most of the assemblies were prohibited
by court decisions. Generally the court referred to an alleged danger to public order
which, in accordance with Ukrainian legislation, was among the grounds justifying
interference with the right to peaceful assembly. In addition the court referred to the 2
May violence, and recent arrests of people allegedly planning terrorist acts, as grounds
for the potential threat to public order.
142.
No violence on the scale which occurred with the Maidan protests or in Odesa on 2
May has occurred at peaceful assemblies held during the reporting period. However,
those seminal events continue to be a guiding concern for the authorities when approving
demonstrations: they appeared to prefer to ban one rather than be blamed for any
violence it triggered. In some places, public mass rallies were banned altogether, for
example, in Odesa on 22 June, although two peaceful rallies went ahead anyway. In other
places it was because the authorities thought the subject matter might incite violence. In
Kyiv, for example, this justification appeared to be behind the eventual cancellation of an
LGBT rights parade, to be held on 5 July, when police said they could not guarantee the
safety of participants. It is the job of law enforcement officers to facilitate peaceful
assemblies and to ensure the protection of the participants, irrespective of their political
or other views. In order to be able to do this, law enforcement must receive adequate
training to be able to handle rallies and protests, in line with international human rights
standards.
143.
Overall, law enforcement has managed to contain violent intent, although there have
been incidents of serious damage to property and some injuries. There have also been
more isolated scuffles and clashes that generally have been kept to a minimum by law
enforcement. Police have been criticized for sometimes not doing enough to stop violent
actions (as for example, when the trade unions meeting was violently disrupted in Kyiv
on 26 June) and, conversely, for cracking down unnecessarily hard on demonstrators to
prevent any kind of possible public disorder from the very beginning. This was the
concern in Kharkiv on 22 June, when a large presence of law enforcement officers
successfully kept opposing groups apart but was later criticized by one side for abuse of
159 | P a g e
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents